Types of Medical Malpractice Compensation
Many states limit the amount of damages a victim of medical malpractice could receive. These caps typically cover measurable, specific losses such as the cost of
Medical Malpractice law firms bills and lost wages.
However medical malpractice cases generally have non-economic consequences, such as suffering and pain. The experienced lawyers at Sobo & Sobo can help you establish a strong case for compensation for these damages in the following areas.
Potential loss of earnings
You may claim compensation for lost wages if the injury is caused by medical negligence and affects your ability earn income. However, proving that these losses can be challenging. You must demonstrate that the doctor's negligence was the direct cause of the injuries you sustained, not simply a result of them. This can be difficult especially if the doctor did not recognize or treat a pre-existing
medical malpractice lawyer condition.
You could be legally entitled to both economic and non-economic damages, based on the type of mistake. Non-economic damages are based on the effect the injuries have affected your quality of life. Your attorney will utilize expert testimony, charts, and graphics to demonstrate the consequences of negligence.
In some cases the medical negligence could be so severe that you are able to demand punitive damages. These damages are intended to punish the healthcare provider who has engaged in a shocking conduct. This kind of damage award is not as common, but it is possible to award it in certain circumstances, such as instances where the healthcare professional acted with recklessness or malice.
Medical malpractice cases are costly to pursue. There are court filing fees, medical records and other documentation costs that can add up quickly. Your lawyer will have to hire experts who will review your case to determine whether medical professionals have breached their duty of care to you.
Permanent Disability
Medical malpractice cases can be complex and can result in a variety of damages. Compensation covers expenses such as the anticipated future medical procedures, ongoing care or treatment, and lost earnings if the injury leads someone to miss work. It could also include non-economic damages like pain and suffering.
The non-economic damage is harder to quantify in terms of dollar value, however, they can include any diminished quality of life. They may also include suffering and pain, emotional and psychological distress. The claimant's lawyer will use the testimony of family and friends to help jurors comprehend what impact the injury had on the victim's everyday life.
A reputable NYC medical negligence lawyer will take the time to review all the evidence in order to determine the value of the claim. This includes a review the medical malpractice statutes of limitations which restricts the time a plaintiff must file a suit after an accident.
The value of a claim for medical malpractice will depend on the magnitude and severity of the ailment. A higher settlement amount is reserved for more serious injuries. For example, a doctor may have erroneously diagnosed a patient with a condition such as cancer, which could be life-threatening. The most severe injuries are also more likely to cause a permanent disability, which raises the cost of a claim.
Suffering and Pain
Patients who suffer from
medical malpractice lawyer malpractice can seek compensation for the physical pain they have suffered as a result of a doctor's negligence. Physical pain may result from an injury, such as fractured bones or a scar. It could also be caused by or the inability to sleep or exercise and loss of sexual function as well as other injuries that affect the quality of life of the victim.
The psychological pain and suffering of patients could also be a component of the compensation that is awarded to victims of medical negligence. Psychological injuries like depression, anxiety thoughts of suicide and post-traumatic disorder (PTSD) are typically debilitating and cause physical pain. The loss of mental health may also affect a victim's capacity to work and maintain healthy relationships and their overall quality.
Damages can be divided into two categories, economic or "special" damage that is based on the calculation of losses and general damages, like discomfort and pain. It can be difficult to determine the proper amount of non-economic damages as they aren't easily quantifiable in dollars.
There are various methods for calculating the value of the pain and suffering award including using a multiplier method, which adds up all damages that are special and multiplies that number by a certain amount, ranging from 1.5 to 5. Certain states have limits on these kinds of awards, however in many cases, judges are unable to overturn the jury's decision.
Loss of Future Earnings
Medical malpractice victims are entitled to various damages, including future earnings loss. This is the amount that a victim could earn if they had been capable of working at their previous job or if they had a job accessible to them that was suited to their condition. This is a complicated item of damage that often requires the help of an expert economist to calculate.
Loss earnings calculations are straightforward for those who earn on an hourly basis. A lawyer can multiply the hourly rate of a worker by the number hours they missed to calculate their lost wage. If you earned a salary, you will need to consider the time that you were unable to work alongside your salary and benefits.
The process of calculating lost income is fairly easy, but the future loss can be more complicated. The attorney will have to consider the cost of future treatments and also the costs that can be reasonably anticipated depending on the condition of a patient.
In the event of seeking compensation for medical malpractice, it is essential to have a skilled lawyer on your side. At Weltchek Mallahan & Weltchek, our team can assist you to determine the best approach to pursue financial compensation. Contact us today for an initial consultation for free. Medical errors can be a serious problem that could cause severe harm. Our legal team is prepared to take a closer look at your case and fight for the maximum settlement you deserve.